U.A.E. Mental Health Law

Tim Elliott
Welcome to Lawgical, the UAE’s first and still the only regular legal podcast. My name is Tim Elliott. And as always, our expert is the Managing Partner of the Dubai-based legal firm, Yamalova & Plewka, here in Dubai. Ludmila Yamalova, nice to see you.

Ludmila Yamalova
Great to see you too, Tim. Thanks for being here.

Tim Elliott
In this episode of Lawgical, it’s everything you need to know about the mental health law in the UAE. It’s been a hot topic, certainly in the last few years. Ludmila, what’s the UAE’s position on this subject, particularly at a legislative level? Is there a specific regulatory framework governing mental health?

Ludmila Yamalova
Yes, indeed. Interestingly enough, the UAE recently passed a new law on this topic—Federal Law No. 10 of 2023, a UAE federal law regarding mental health.

This law, issued in November 2023, is a monumental step forward in the treatment and care of mental health patients. It replaces the previous law, Federal Law No. 28 of 1981, which focused primarily on the detention and treatment of mentally disordered patients. The earlier law was outdated and reactive, addressing immediate hospitalization needs rather than proactive care. The new law cancels the old legislation entirely, introducing a comprehensive framework for mental health care in the UAE.

Tim Elliott
This is a significant progression. What are the substantive aspects of the new law that we should be aware of?

Ludmila Yamalova
The new mental health law introduces several critical aspects:

1. Proactive Diagnosis and Treatment: It emphasizes proactive and protective measures to improve mental health outcomes and ensure patient well-being, as outlined in Articles 2, 9, and 10.
2. Accessible Care for Minors: Articles 11 and 15 address the rights of minors to accessible psychiatric and mental health care, including education and specialized facilities.
3. Patients’ Rights: The law sets out comprehensive rights for mental health patients, such as confidentiality of medical records, the right to consent or refuse treatment, and access to tailored psychological and social care plans.

The primary goal is to protect the rights and dignity of mental health patients, providing a robust framework for their treatment and care.

Tim Elliott
Who can access mental health or psychiatric care facilities under this law, and what are the criteria?

Ludmila Yamalova
Access depends on the patient’s mental state and the need for treatment. The law outlines two types of admissions:

1. Voluntary Admission: Where patients willingly seek treatment.
2. Compulsory Admission: For cases requiring urgent intervention, such as those posing a danger to themselves or others.

For compulsory admission, the default treatment duration is 45 days, which can be extended based on the decision of a medical committee, guided by the treating physician’s recommendations. Articles 17–22 cover these provisions in detail.

Tim Elliott
The law also mentions the creation of a Control and Follow-Up Committee. What is its role, and how does it regulate patient rights?

Ludmila Yamalova
The Control and Follow-Up Committee plays a critical role in overseeing mental health facilities, service providers, and patient rights. Its responsibilities include:

• Regulating and monitoring mental health facilities.
• Addressing grievances or objections raised by patients regarding their care.
• Submitting reports to relevant authorities to ensure compliance with the law.

Additionally, there’s a specific Patients’ Rights Committee tasked with safeguarding the rights and interests of mental health patients.

Tim Elliott
What about enforcement? Are there penalties for violating the law or infringing on patient rights?

Ludmila Yamalova
Yes, the law outlines severe penalties for violations. These include:

• Fines: Ranging from AED 50,000 to AED 200,000 for acts like forging medical reports to admit patients fraudulently.
• Imprisonment: For offenses such as mistreatment of patients by medical personnel, punishable by at least one year of imprisonment and fines between AED 50,000 and AED 100,000.

Repeat offenses result in doubled penalties, serving as a strong deterrent.

Tim Elliott
What’s your overall view of the new mental health law?

Ludmila Yamalova
This law is a historic step forward, marking significant progress in mental health care in the UAE. It establishes a clear legal framework for patients, facilities, and medical professionals, ensuring:

• Comprehensive protections for mental health patients.
• Accessible treatment options, particularly for vulnerable groups like minors.
• Encouragement for individuals to seek help without fear of stigma or legal consequences.

It also addresses cultural sensitivities and aligns with global best practices, creating a supportive environment for mental health care in the UAE.

Tim Elliott
That’s Lawgical, the new mental health law in the UAE. As always, thank you for listening or watching. And thanks to our legal expert, Managing Partner at Yamalova & Plewka, Ludmila Yamalova, for sharing her expertise.

Ludmila Yamalova
Thank you, Tim. Always a pleasure.

Tim Elliott
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